POLICY ON SEXUAL HARASSMENT

I. OBJECTIVE

This policy is to establish a work and educational environment that is free from sexual harassment and to ensure that all individuals—including employees, students, contractors, and visitors—are treated with dignity and respect.

Pursuant to the provisions of Section 4, Republic Act No. 7877, An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, and the “Safe Spaces Acts” known as Republic Act No. 11313, the following policies and procedure are hereby issued by the University of the Immaculate Conception to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.

II. SCOPE

This policy applies to all individuals associated with the University, regardless of their status (e.g., full-time and part-time employees, students, contractors, vendors, clients and visitors) and context that occurs on the University’s premises, at any sponsored activity or event, during work-related or study-related communications, and all forms of sexual harassment, as defined in this policy regardless of the sex, gender identity, or sexual orientation of the harasser or the victim.

III. DEFINITION

• Sexual harassment: Refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness. Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct, which is offensive or objectionable to the recipient, including, but not limited to: epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings.

• Committee on Decorum and Investigation: Is an internal body within the University that handles cases related to sexual harassment.

IV. REFERENCE

“Safe Spaces Acts” known as Republic Act No. 11313

V. GUIDELINES

1. The University of the Immaculate Conception has adopted, and its policy is based on, the definition of sexual harassment set forth in Section 3 of R.A. 7877. It provides that sexual harassment in workplace is committed by an employer, employee, manager, supervisor, agent of the employer, or any other person who, having authority, influence or moral ascendancy over another in a work environment, demands, requires or otherwise requires any sexual favor from the other, regardless of whether the demand, requests or requirement for submission is accepted by the object of said Act.

2. In a work-related or employment environment, sexual harassment is committed when: a. The sexual favor is made as a condition in the hiring or in the employment, re-employment, or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; b. The above acts would impair the employees’ rights or privileges under existing labor laws; or c. The above acts would result in an intimidating, hostile, or offensive environment for the employee.

3. Sexual harassment may be committed in any work or training environment. It may include, but are not limited to the following: a. in or outside the office building or training site; b. at office or training-related social functions; c. in the course of work assignments outside the office; d. at work-related conferences, studies or training sessions; or e. during work related travel.

4. Gender-Based Streets and Public Spaces Sexual Harassment is committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. Gender-Based Streets and Public Spaces Sexual Harassment include among others: a. Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexual slurs b. Persistent uninvited comments or gestures on a person’s appearance; c. Relentless requests for personal details; d. Statement of sexual comments and suggestions; e. Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions; f. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety. This may include cursing, leering and intrusive gazing, and taunting; g. Persistent telling of sexual jokes, use of sexual names; and h. Stalking (RA 11313, IRR, Rule III, Sec. 5)

5. Sexual harassment may be committed in any of the following forms: a. Overt sexual advances; b. Unwelcome or improper gestures of affection; c. Request or demand for sexual favors including but not limited to going out on dates, outings, or the like for the same purpose; d. Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.

6. The crime of GBSH in the workplace includes the following: a. Act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature whether done verbally, physically or through the use of technology such as text messaging, email or any form of information and communication systems that have detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities. b. A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging, email or any form of information and communication systems. c. A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient. (RA 11313, IRR, Rule VI, Sec. 18)

7. EMPLOYER’S RESPONSIBILITY The University of the Immaculate Conception undertakes to provide its officers and employees a work environment free of sexual harassment by management personnel, by co-workers and by others with whom officers and employees must interact in the course of their employment in the University. Sexual harassment is specifically prohibited as unlawful and as a violation of university policy. The University is responsible for preventing sexual harassment in the workplace, for taking immediate corrective action to stop sexual harassment in the workplace and for promptly investigating any allegation of work related sexual harassment. The employer and other persons of authority, influence or moral ascendancy shall have duty to: a. prevent acts of GBSH in the university b. disseminate the GBSH to all employees through various means of communications c. provide measures to prevent GBSH in the workplace such as the conduct ant-sexual harassment seminars to all employees d. strengthen the implementation of GAD in the university e. Create a CODI with defined responsibilities and procedures to handle complaints

8. DUTIES OF EMPLOYEES AND CO-WORKERS The employees and co-workers shall have the duty to: a. Refrain from committing acts of GBSH; b. Discourage the conduct of GBSH in the workplace; c. Provide emotional or social support to fellow employees, colleagues who are victims of GBSH; d. Report acts of GBSH witnessed in the workplace. A report may be directly submitted to the CODI, with guidelines and procedures to be followed. (RA 11313, IRR, Rule VI, Sec. 19)

9. PROCEDURES ON SEXUAL HARASSMENT CASES a. Any officer or employee, who experiences or witnesses any act of sexual harassment in the workplace, shall report the same immediately to the Committee on Decorum and Investigation. They may also report acts of sexual harassment to any other member of the management or ownership. All allegations of sexual harassment will be quickly investigated. To the extent possible, the identity of the officer or employee shall remain confidential and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, all parties will be informed of the outcome of the investigation. b. A Committee on Decorum and Investigation shall be constituted and shall be composed of the management and the employees’ representative to receive complaints, investigate and hear sexual harassment cases. The Committee shall develop its own rules in the settlement and disposition of sexual harassment cases. The Committee shall also develop and implement programs to increase understanding and awareness about sexual harassment.

10. UIC will permit no employment based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment.

11. If UIC should amend or modify its sexual harassment policy, all stakeholders will be informed of the amended or modified policy.

VI. ADMINISTRATION

The foregoing policy shall be administered by the Human Resource Officer in coordination with all Department/Unit Heads.